110Refund of money and return of land where activity does not proceed

1. Subject to subsection (2), where—

2. a resource consent includes a condition under section 108(2)(a); and
3. that resource consent lapses under section 125 or is cancelled under section 126 or is surrendered under section 138; and
4. the activity in respect of which the resource consent was granted does not proceed,—
the consent authority shall refund or return to the consent holder, or his or her personal representative, any financial contribution paid or land set aside under section 108(2)(a).

5. A consent authority may retain any portion of a financial contribution or land referred to in subsection (1) of a value equivalent to the costs incurred by the consent authority in relation to the activity and its discontinuance.